Oral Answers to Questions

Debate between Edward Timpson and Debbie Abrahams

Monday 25th April 2016 Commons Chamber

[Mr Speaker]

The hon. Gentleman wished to give the Minister his views, which he has done, but now that he has I am afraid his question is not really suitable for a ministerial answer at this time.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

7. What steps she is taking to improve special educational needs and disability services.

[The Minister for Children and Families (Edward Timpson)]

The 2014 special educational needs and disabilities reforms represent the biggest change to the system in a generation, helping to transform support by joining up services across education, health, and social care, and focusing on positive outcomes for education, employment, housing, health and community participation. We have invested heavily in practical and financial support for implementation, including an extra £80 million in 2016-17, and from May 2016, all areas will be inspected by Ofsted and the Care Quality Commission.

[Debbie Abrahams]

I thank the Minister for that answer, but I have been contacted by a constituent who has raised concerns about the potential effect that forcing schools to become academies will have on her autistic son in terms of his being marginalised. Will the Minister tell me what assessment has been undertaken of how forcing schools to become academies will affect disabled children?

[Edward Timpson]

I am happy to meet the hon. Lady to give her a lot more detail about exactly how the system operates. I can reassure her that, under the Children and Families Act 2014 and the new special educational needs system, academies have exactly the same duties to pupils with special educational needs as all other schools, and must co-operate with their local council, whether in developing their local offer or publishing details of their SEN provision. That will not change. We are confident that it is the right approach so that every child gets the right school with the right support for them, irrespective of what type of school that is.

Oral Answers to Questions

Debate between Edward Timpson and Debbie Abrahams

Monday 10th February 2014 Commons Chamber

[Mr Timpson]

I will give way to the hon. Member for Oldham East and Saddleworth.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Well remembered, Minister!

I think that there is much that we can support in the Bill, but I wanted to ask about the single point of appeal and the reviews and pilots that are taking place. Will the Minister explain how the findings will be used in the further development of the appeal process?

[Mr Timpson]

I am grateful to the hon. Lady for returning us to the important issue of redress. I shall go into a little more detail in due course, but I can say now that I was conscious from the outset that we should do all that we can to integrate education, health and social care throughout the system, including in the areas where there was disagreement. I think that we have gone a long way towards achieving that during the passage of the Bill so far, but if the hon. Lady will bear with me for a few moments, I shall wax lyrical for her and the House’s benefit.

I understand the intention behind amendment (a) to Lords amendment 73. It is, of course, vital for parents and practitioners to understand the duties to deliver the social care services specified in the education, health and care plan. However, let me reiterate the points made by Baroness Northover when she spoke to Lords amendments 72 and 73.

The Government amendments mean that when a local authority decides that it is necessary to make provision for a disabled child under section 2 of the Chronically Sick and Disabled Persons Act 1970 following an EHC assessment, the authority must—I emphasise “must”—identify which provision is made under section 2 of the Act, specify that provision clearly in the EHC plan, and deliver the provision. Furthermore—I hope that this is helpful to the hon. Member for Birmingham, Selly Oak (Steve McCabe)—we will ensure that the SEN code of practice specifies the services under section 2 that must be included in the EHC plan and explains the existing duty to provide those services, in order to provide clarity and reassurance for parents and practitioners.

The code of practice will clearly specify the other social care services that must be included in the EHC plan and relevant local authority duties, including services provided for children and young people under section 17 of the Children Act 1989 that are not covered by the 1970 Act, such as residential short breaks, and adult social care services for young people aged 18 to 25, where a care plan is drawn up under provisions in the Care Bill. Given those reassurances, I do not think it is necessary to legislate for a further requirement to identify existing duties in the EHC plan.

Lords amendments 86 to 97 and 113 constitute a strong package to improve the join-up between education, health and social care when parents and young people wish to complain or seek redress. That includes extending mediation and establishing a review of appeals and redress in the new SEN system. Following a commitment that I gave on Report, we tabled a meaty group of amendments that will strengthen protections and support for young offenders with SEN. They require local authorities and relevant health commissioners to arrange appropriate special education and health provision for young offenders in custody, enable EHC assessments to take place while a child or young person is in custody, and require secure youth institutions to co-operate with local authorities and to have regard to the SEN code of practice.

The package also includes amendment 114, which would remove clause 70. I pay particular tribute to my hon. Friend the Member for South Swindon (Mr Buckland) for his involvement in and guidance on the issue, and on many of the changes I have just outlined. As he knows, I was as uncomfortable as he was about clause 70. Although it was a legal necessity at the beginning of our deliberations, it did not really reflect the ambition that we shared, and I hope that he is as pleased as I am to see the back of it.